Can I Stop the Police Interview Once It Starts?

April 22, 2025

Understanding Your Rights During a Police Interview and Why Having a Private Attorney is Crucial

When you're stopped by the police and questioned, it can feel overwhelming. You may wonder: Do I have to answer their questions? Can I stop the interview once it begins? These are critical questions because your answers can be used against you — even if you're not under arrest. In Florida, the law protects your right to remain silent and to have an attorney present during police questioning. But knowing how to exercise these rights is just as important as understanding them.

I'll now walk you through your rights under Florida law when it comes to police questioning, specifically during an interrogation or interview. I'll also explain why you need a private attorney to safeguard your rights, how to stop an interview if needed, and what defenses may be available if things go wrong.

Let's get started by breaking down your rights under Florida law and how to protect yourself in a police interview.

Florida Statutes on Police Interrogation and Your Right to Remain Silent

Under Florida Statutes § 901.17, the law allows police to question you if they have reasonable suspicion that you are involved in criminal activity. However, you are not obligated to answer their questions, and if you do not wish to continue the interview, you have the right to stop it at any time. The right to remain silent is enshrined in the Fifth Amendment to the U.S. Constitution, which protects you from self-incrimination.

Here's what the law says:

Florida Statutes § 901.17:

"Any person who has been arrested shall be informed that they have the right to remain silent and to have the assistance of counsel. The right to counsel shall be afforded at any stage of the proceedings, and the right to remain silent may be exercised without any prejudice."

This statute highlights two important points:

Right to remain silent: You don't have to answer questions or make any statements during a police interview.
Right to an attorney: You have the right to consult with an attorney before answering any questions, and you can invoke this right at any time.

When Can You Stop a Police Interview?

Under Florida law, you can stop a police interview at any time, even if it's already in progress. Here's why:

Right to silence: Under Miranda v. Arizona, 384 U.S. 436 (1966), law enforcement must inform you of your rights before questioning you if they intend to use any statements you make in court. If they didn't give you a proper Miranda warning, anything you say cannot be used against you in court. If they gave you the warning, you still have the right to remain silent.
Right to an attorney: You can also invoke your right to have an attorney present at any time during the interview. Once you do so, the questioning must stop until your attorney is present. If the police continue questioning you after you've requested an attorney, your statements may be inadmissible in court.

So, what does this look like in practice?

Let's say you're in a police interrogation room, and after a few questions, you feel uncomfortable. You can simply say, "I wish to remain silent and would like to speak with an attorney." Once you make that statement, the interview must end, and you cannot be questioned further until your attorney arrives.

Why You Need an Attorney During a Police Interview

Many people believe they can handle a police interview on their own, but that is often a mistake. Here's why having an attorney is so important:

The police are not on your side: It's their job to gather evidence that can be used against you. Their goal is to get a confession or, at the very least, some information they can use later.
The interview is often a trap: Even if you're innocent, police questioning can lead to unintended self-incrimination. Statements made in the heat of the moment, even if not intended as confessions, can be misinterpreted. With an attorney present, you ensure that any statement you make is made carefully and strategically.
You can't undo what you've said: Once you make a statement, it's on record. If you say something that could be used against you, it's very difficult to take back, even if it was made involuntarily or under pressure.

Real-Life Example: How Having an Attorney Helped

Let me give you an example of a case I worked on recently. My client, let's call him John, was pulled over for speeding late at night. The officer suspected he was under the influence and asked him to participate in a field sobriety test. After passing the test, the officer insisted on questioning him further. John, feeling confident, started to answer questions.

But here's the issue: The officer wasn't interested in helping John. The more he spoke, the more the officer zeroed in on minor inconsistencies in his answers. Without realizing it, John made statements that suggested he had been drinking, even though he had not. Luckily, John called me before the interview went any further.

I quickly arrived at the scene and stopped the questioning. We were able to show that John was not under the influence and that his statements had been taken out of context. We also demonstrated that his rights had been violated because the officer failed to inform him of his right to an attorney before continuing questioning.

Because of my involvement, we were able to dismiss the case before it even went to trial. John was not charged, and he learned the importance of calling an attorney before making any statements in an interview.

What Defenses Can Be Used in Police Interview Cases?

If you find yourself in a situation where you've been questioned by the police, there are several defenses that may apply, especially if your rights were violated during the interview process:

Involuntary confession: If the police used coercion, threats, or promises of leniency to extract a confession, that statement can be considered involuntary and inadmissible.
Violation of Miranda rights: If the police failed to give you the Miranda warning before questioning you, anything you said could be inadmissible in court.
Failure to stop questioning after invoking your right to remain silent: If you clearly stated that you wanted to stop the interview and requested an attorney, and the police continued to question you, your statements may be suppressed.
Failure to allow you access to counsel: If you requested an attorney and the police did not provide you with one or allowed the questioning to continue, that's a violation of your Sixth Amendment right to counsel.

Why You Need a Private Attorney

While public defenders do a great job, they often have heavy caseloads and limited time to devote to individual cases. That's why hiring a private attorney gives you the best chance at a strong defense. With a private attorney, you get:

Focused attention: I have the time and resources to thoroughly examine your case and ensure that all of your rights are respected during the interview process.
Strategic defense: I don't just show up in court — I get involved from day one. I'll advise you on how to handle police questioning, make sure you understand your rights and provide a strategy that best protects your future.
Expertise: With years of experience in criminal defense, I know how to handle police interviews, how to recognize when rights are violated, and how to challenge evidence based on procedural errors. I also have experience cross-examining police officers and exposing weaknesses in their testimony.

Being questioned by the police is a serious matter, and the way you handle it can have lifelong consequences. Whether you're a suspect or a witness, knowing your rights and having an attorney by your side can make all the difference. If you've been called in for questioning or arrested, don't wait — call a private attorney who can ensure your rights are respected and work to protect your future.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

FAQs – Police Interviews and Your Rights

Can I stop a police interview if I haven't been arrested yet?

Yes, you can stop the interview at any time, even if you haven't been arrested. You have the right to remain silent, and you can invoke that right whenever you choose. You can also request an attorney before continuing any questioning.

What happens if I say something during an interview that hurts my case?

Once you say something, it can be used against you, and it's difficult to undo. That's why it's so important to stay silent or ask for an attorney. Even seemingly innocent statements can be twisted or misinterpreted by law enforcement, so it's always best to avoid making statements until you've consulted with an attorney.

What if I'm not given my Miranda rights before questioning?

If the police question you without advising you of your Miranda rights, any statement you make during that questioning may be inadmissible in court. However, the police can still use other evidence they gathered against you.

Can the police continue questioning me after I've asked for an attorney?

No. Once you request an attorney, the police must stop questioning you immediately. If they continue questioning you without your attorney present, any statements you make could be inadmissible in court.

What if the police tricked me into saying something during the interview?

If the police used coercive tactics and threats or made false promises to get you to speak, this could be grounds to challenge the admissibility of your statements in court. It's critical to speak with a lawyer who can assess whether your rights were violated during the interview.

Should I always ask for a lawyer during a police interview?

Yes. Even if you think you are innocent or can talk your way out of the situation, it's always wise to consult with a lawyer before answering questions. A lawyer can protect your rights and ensure that nothing you say is used against you later.